A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law. The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court.
The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website.
Thirty-six states chose not to set up their exchanges, a move that effectively froze Washington, D.C. out of the authority to pay subsidies and other pot-sweeteners to convince citizens in those states to buy medical insurance.
But the IRS overstepped its authority by paying subsidies in those states anyway, say the businesses and their lawyers.
Quote: Justme wrote in post #1A federal judge on Tuesday refused to dismiss a case that could fatally cripple the Obamacare health insurance law. The Affordable Care Act forbids the federal government from enforcing the law in any state that opted out of setting up its own health care exchange, according to a group of small businesses whose lawsuit got a key hearing Monday in federal court.
The Obama administration, according to their lawsuit, has ignored that language in the law, enforcing all of its provisions even in states where the federal government is operating the insurance marketplaces on the error-plagued Healthcare.gov website.
Thirty-six states chose not to set up their exchanges, a move that effectively froze Washington, D.C. out of the authority to pay subsidies and other pot-sweeteners to convince citizens in those states to buy medical insurance.
But the IRS overstepped its authority by paying subsidies in those states anyway, say the businesses and their lawyers.
Next...a law suit based upon the "equal enforcement clause", objecting to Obama's arbitrary and capricious decision to delay the employer mandate but not the individual mandate.
"An honest politician is one who, when he is bought, will stay bought." ~Simon Cameron
So - that begs two questions (since if this goes "our way", it WILL go to SCOTUS)
1 - does the corollary to that law apply to Supreme Court justices as well; and, 2 - is John Roberts an honest justice.
You're a brave man. Go and break through the lines. And remember, while you're out there risking your life and limb through shot and shell, we'll be in be in here thinking what a sucker you are. ~Rufus T. Firefly
I don't really see a downside to this, no matter which way it goes. If it's declared unconstitutional, the plan is so bad it might actually be bad for the GOP.
Quote: Weird Tolkienish Figure wrote in post #6I don't really see a downside to this, no matter which way it goes. If it's declared unconstitutional, the plan is so bad it might actually be bad for the GOP.
I don't think it'll be declared unconstitutional....it's already passed SC muster.
The success of any of these law suits will result in the court demanding certain changes before going forward with ObamaCare.
Since Obama will either refuse or be unable to institute the required changes, the effect will be to kill the law.